Should I apply for a TN or J1 Visa?

[seoulman]

This is my first post and I was wondering if someone could give me some feedback on whether I should apply for a TN or J1 visa.

I've spoken to a couple of lawyers and each has given me a different answer. As a result I'm a little confused as to which visa to apply for. I graduated last December with a M.A. I'm currently working in my field during my OPT period. My OPT period ends at the end of this December. So I need to figure out what type of visa to apply for. I'm currently working in the arts but I have extensive business experience. One lawyer advised that I apply for a TN visa as a 'management consultant' because of my previous business management experience. However, another lawyer advised that I apply for a J1 visa because the 'management consultant' category under the TN visa is closely scrutinized. I understand there are pros and cons for both types of visas. For example, approval of the TN visa application is at the discretion of the border officer so you're at their mercy and this can be nerve-racking. I heard that traveling with a J1 visa involves cumbersome paperwork and if you make a decent salary it is looked upon with suspicion.

I would like to apply for a H1B visa in April and I want to know whether the TN or J1 visa is the better option until I apply for the H1B. If anyone could offer their feedback or experiences it would be greatly appreciated.

[Reba]

Apply for whichever visa your potential employer is willing to sponsor you for.

[seoulman]

My employer is willing to sponsor me for either the TN or J1. I'm just wondering which one is better for me.

[Christopher G. Rizzo, Esq]

If you have management experience that doesn't necessarily qualify you as a TN professional. (Management consultant) Can you please post a job description or email me the job description. I would be happy to look at the job description to determine whether the position qualifies for management consultant.

We usually advise against the J-1 since its a one year status which cannot be renewed and carries very strict requirements.

[jennbug]

Hello,

I was in a similar situation on going down to the States. I just graduated with a Masters in Business and was going to come down as a management consultant. Unfortunately, my lawyer said that my chances of getting a TN visa would be about 50/50. The J1 visa was a good option for me. Depending on the length of continuous, relevant work experience you have post grad, you can get up to 18 months as a "student" (that includes relatively new grads) or 12 months as an intern.

The J visa was a lot of paper work. It required:

- Approx. 20 pages of filling out info
- A training plan for you (created by you and the employer)
- Proof of receiving my degree
- A copy of my passport (valid 6 months past the end of the visa)
- A signed offer letter from the employer
- Letter of reference from a past employer or prof
- A 250 word statement of motivation

The one big difference between the J visa and the TN is the cost. Mine (in fees, including a $1000 expedite fee) cost me $3100 USD for a 12 month visa. On top of that, you will need to add lawyer fees (which vary depending on who you go with).

As a Canadian citizen, once you receive your J visa papers, you just proceed to the border. You don't need a US Consulate appointment, which is nice. Also, I don't have to pay Social Security tax, which is kind of cool.

I am unsure about the pay issue. I am in Sales and Business Development, so my base is not ridiculous. And you don't have to report "bonuses" on the application. So that's helpful.

I highly recommend talking to a lawyer, as I am not one. But so far I have found the J visa experience to be a favourable one.

Good luck!

[seoulman]

Thanks for the feedback. I spoke to a lawyer yesterday and he thinks I have a good chance with the TN. He also mentioned it's less complicated than the TN i.e. paperwork. Considering the paperwork you had to go through this seems to be the case.

By the way, before you got your MBA did you have business management experience?

[jennbug]

I actually didn't have experience in business. My background is in health sciences. I did a total 180 with my MBA, so that's part of why the TN didn't fit.

Good luck! Patience is key with the whole scenario. That and polite persistence.

[Steven]

I've got an MBA and a long time ago I applied for and managed to get approved for an H-1B while on OPT and then my employer went out of business and I had to leave the country. There is a quota on H-1Bs and they are only valid for three years and can only be renewed once. It's such a gigantic hassle I think it's pointless trying unless there is no alternative. It gets harder and harder to get one every year because of the quota.

I can't see that you lose anything by trying to get a TN-1 while you are on OPT because it doesn't take long to try and get one, the main bit is the letter. If they turn you down, just re-enter with your I-688B and then try for something else. The advantage of course is that you can renew it forever, the J-1 is a load of hassle and has a limited life, as is the H-1B.